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Insights

Aug 18, 2006 Labor Relations

Employees’ Distribution of Maliciously False Letter Found Unprotected by the NLRA

Section 7 of the National Labor Relations Act (the “NLRA”) guarantees the right of employees to engage in “concerted activities for the purpose of bargaining or other mutual aid or protection.” 29 U.S.C. § 157....
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Jul 30, 2006 Labor Relations

What Union-Free Employers Need to Know About the National Labor Relations Act

Most employers are aware that the National Labor Relations Act (“NLRA”) protects the right of employees to form, join, or support labor unions. But unbeknownst to many employers, the NLRA protects not only...
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Jun 24, 2006 Employment Discrimination

OWBPA Waivers May Not Require Nationwide Data

The Age Discrimination in Employment Act (the “ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), provides that an individual’s waiver of potential age-discrimination claims is enforceable...
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Jun 23, 2006 Employment Discrimination

Supreme Court Broadens Protections Against Retaliation

On June 22, 2006, the U.S. Supreme Court issued an important decision that substantially enhances the legal protection for employees who complain about discrimination or harassment in the workplace.  Burlington Northern...
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Jun 22, 2006 Immigration Law

Homeland Security Department Revises I-9 Recordkeeping Requirements

Section 274A of the Immigration and Nationality Control Act requires all employers, as well as those who recruit or refer employees for a fee, to complete an Employment Eligibility Verification form (Form I-9) for all...
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May 01, 2006 Employment Discrimination

California Supreme Court Rejects Friends Sexual Harassment Claim

The Supreme Court’s Decision On April 20, 2006, the California Supreme Court issued its long-anticipated ruling in Lyle v. Warner Bros., known as “the Friends case.”  In a unanimous decision, the high court found...
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Apr 17, 2006 Employment Discrimination

District Court Limits Scope of Title VII Transsexual Sex Discrimination Claims

On March 31, 2006, the United States District Court for the District of Columbia issued a decision making it more difficult for transsexuals to pursue sex discrimination claims under Title VII of the Civil Rights Act of 1964...
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Feb 28, 2006 General Employment Issues

Federal Court Declines To Recognize A Privilege For Non-Disclosure Of Settlement Discussions In Subsequent, Collateral Litigation

In a result that was surprising to many lawyers, the U.S. Court of Appeals for the District of Columbia Circuit, which is often regarded as the second most important court in the land, ruled that there is no privilege from...
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Jan 19, 2006 Labor Relations

OFCCP Posts FAQ on “Internet Applicant” Rule

On November 10, 2005, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”), a federal agency which is part of the U.S. Department of Labor’s Employment Standards Administration, has issued...
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Jan 18, 2006 Labor Relations

Discharge of Financial Consultant In Retaliation For Concerted Protest Of Compensation Practices Violates NLRA

The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a decision of the National Labor Relations Board (“NLRB”) finding that a union-free investment advisory firm violated the National Labor...
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